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- SUPREME COURT OF THE UNITED STATES
- --------
- No. A-426
- --------
- IMMIGRATION AND NATURALIZATION SERVICE
- et al. v. LEGALIZATION ASSISTANCE PROJECT
- OF THE LOS ANGELES COUNTY FEDERATION
- OF LABOR et al.
- on application for stay
- [November 26, 1993]
-
- Justice O'Connor, Circuit Justice.
-
- The Solicitor General, on behalf of the Immigration
- and Naturalization Service, requests that I stay an order
- of the District Court for the Western District of Wash-
- ington pending appeal to the Court of Appeals for the
- Ninth Circuit. The Court of Appeals has rejected the
- INS' application for such a stay. Though -stay applica-
- tion[s] to a Circuit Justice on a matter before a court of
- appeals [are] rarely granted,- Heckler v. Lopez, 463 U. S.
- 1328, 1330 (1983) (Rehnquist, J., in chambers), I be-
- lieve this is an exceptional case in which such a stay is
- proper.
-
- I
- In 1986, Congress enacted the Immigration Reform
- and Control Act of 1986 (IRCA), 100 Stat. 3359, which
- provided a limited amnesty for immigrants who had
- come to or stayed in the country illegally. See 8
- U. S. C. 1255a. Not all such immigrants were, how-
- ever, eligible. Among other restrictions, the amnesty
- was available only to those who had -resided continu-
- ously in the United States in an unlawful status since
- [January 1, 1982],- 1255a(a)(2)(A); also, those who
- came to the country legally but stayed illegally could
- only get amnesty if their -period of authorized stay . . .
- expired before [January 1, 1982]- or their -unlawful
- status was known to the Government as of [January 1,
- 1982],- 1255a(a)(2)(B). Respondents, organizations that
- provide legal help to immigrants, believe the INS inter-
- preted these provisions too narrowly, in violation of the
- statute and the United States Constitution, and in 1988
- brought their challenge to court.
- In March 1989, the District Court ruled in respond-
- ents' favor, and in September 1992, the Ninth Circuit af-
- firmed in part, reversed in part, and remanded to the
- District Court for further proceedings. On June 1, 1993,
- the District Court issued an order requiring the INS to,
- among other things, identify and adjudicate legalization
- applications filed by certain categories of applicants, not
- arrest or deport certain classes of immigrants, and tem-
- porarily grant certain classes of immigrants stays of
- deportation and employment authorizations.
- On June 18, 1993, this Court decided Reno v. Catholic
- Social Services, Inc., 509 U. S. ___ (1993) (CSS), a case
- involving a very similar challenge to another portion of
- IRCA. In CSS, we held that the claims of most of the
- plaintiff aliens were barred by the ripeness doctrine. A
- federal court, we held, generally ought not entertain a
- request for an injunction or declaratory judgment regard-
- ing the validity of an administrative regulation unless it
- is brought by someone who has actually been concretely
- affected by the regulation. Id., at ___. The mere exis-
- tence of the regulation, we held, was not enough; rather,
- the regulation must actually have been applied to the
- plaintiff. Ibid. We concluded that the only people who
- could ask for injunctive or declaratory relief under IRCA
- were those who were told by the INS that they should
- not even bother to file their applications-a policy called
- -front-desking--and perhaps also those who could show
- that the front-desking policy was a substantial cause of
- their failure to apply in the first place. Id., at ___, and
- n. 28. Under the statute, aliens who did apply and
- whose applications were considered but rejected could
- only get judicial review of this rejection if the INS tried
- to deport them. 8 U. S. C. 1255a(f)(1).
- In light of our decision in CSS, the Government asked
- the District Court to vacate its order, on the theory that
- respondents' claims here, like the claims of the CSS
- plaintiffs, were not ripe. The District Court, however,
- disagreed. The CSS plaintiffs, the District Court
- pointed out, were individual aliens, whereas the plain-
- tiffs in this case are organizations. The District Court
- concluded that the organizations had -suffered a concrete
- and demonstrable injury- because -the challenged regula-
- tions drained organizational resources and impaired
- their ability to assist and counsel nonimmigrants-; there-
- fore, the court held, the organizations' claims were ripe.
- App. B to Application 6, citing Legalization Assistance
- Project of the Los Angeles County Federation of Labor v.
- INS, 976 F. 2d 1198, 1204 (CA9 1992), cert. pending,
- No. 93-73. Therefore, -because this case has assumed
- the posture of a broad-based challenge to the regulations
- in question by organizations which the Ninth Circuit ex-
- plicitly found have standing to bring these claims,- App.
- B to Application 6, the court declined to vacate its June
- 1 order.
-
- II
- As a Circuit Justice dealing with an application like
- this, I must try to predict whether four Justices would
- vote to grant certiorari should the Court of Appeals af-
- firm the District Court order without modification; try to
- predict whether the Court would then set the order
- aside; and balance the so-called -stay equities.- Heckler
- v. Lopez, supra, at 1330-1331. This is always a difficult
- and speculative inquiry, but in this case it leads me to
- conclude that a stay is warranted.
- Respondents assert that the INS is violating the law
- of the land, and they ask the federal courts to order the
- INS to stop this. But the broad power to -take Care
- that the Laws be faithfully executed- is conspicuously
- not granted to us by the Constitution. Rather, it is
- given to the President of the United States, see U. S.
- Const., Art. II, 3, along with the power to supervise
- the conduct of the Executive Branch, Art. II, 1, 2,
- which includes the INS. The federal courts are granted
- a different sort of power-the power to adjudge -Cases-
- or -Controversies,- Art. III, 2, cl. 1, within the juris-
- diction defined by Congress, Art. III, 2, cl. 2.
- Congress has in fact considered the proper scope of
- federal court jurisdiction to review administrative agency
- actions. It has explicitly limited such review to claims
- brought by -person[s] suffering legal wrong[s] because of
- agency action- (not applicable to the respondent organi-
- zations involved here) or by persons -adversely affected
- or aggrieved by agency action within the meaning of a
- relevant statute.- 5 U. S. C. 702 (emphasis added).
- We have consistently interpreted this latter clause to
- permit review only in cases brought by a person whose
- putative injuries are -within the `zone of interests'
- sought to be protected by the statutory provision whose
- violation forms the legal basis for his complaint.- Lujan
- v. National Wildlife Federation, 497 U. S. 871, 883
- (1990) (NWF); see also Clarke v. Securities Industry
- Assn., 479 U. S. 388, 396-397 (1987).
- I believe that, were it presented with this question,
- this Court would grant certiorari and conclude that the
- respondents are outside the zone of interests IRCA seeks
- to protect, and that therefore they had no standing to
- seek the order entered by the District Court. The Dis-
- trict Court's decision and the Court of Appeals decision
- on which it relies, 976 F. 2d, at 1208, conflict with
- Ayuda, Inc. v. Reno, ___ F. 3d ___ (CADC 1993), and
- relate to an important question of federal law. See this
- Court's Rule 10. Moreover, on the merits, IRCA was
- clearly meant to protect the interests of undocumented
- aliens, not the interests of organizations such as re-
- spondents. Though such organizations did play a role in
- the IRCA scheme-during the amnesty period, they were
- so-called -qualified designated entities,- which were to
- -assis[t] in the program of legalization provided under
- this section,- 1255a(c)(2)-there is no indication that
- IRCA was in any way addressed to their interests. The
- fact that the INS regulation may affect the way an
- organization allocates its resources-or, for that matter,
- the way an employer who currently employs illegal
- aliens or a landlord who currently rents to illegal aliens
- allocates its resources-does not give standing to an
- entity which is not within the zone of interests the
- statute meant to protect. NWF, supra, at 883.
- The balance of equities also tips in the INS' favor.
- The order would impose a considerable administrative
- burden on the INS, and would delay the deportation
- of-and require the granting of interim work authoriza-
- tions to-at least those aliens who are deportable and
- who could not seek relief on their own behalf under
- CSS. Moreover, if the above analysis is correct, the
- order is not merely an erroneous adjudication of a
- lawsuit between private litigants, but an improper
- intrusion by a federal court into the workings of a
- coordinate branch of the Government. See Heckler v.
- Lopez, 463 U. S., at 1336-1337; FCC v. Pottsville Broad-
- casting Co., 309 U. S. 134, 141 (1940). On the other
- hand, neither CSS nor this stay prevents those aliens
- who were ordered deported or were front-desked, and
- are therefore possibly eligible for relief under CSS, from
- suing in their own right. Likewise, neither CSS nor
- this stay prevents any membership organizations which
- have members whose claims are ripe under CSS from
- suing on behalf of those members, assuming the organi-
- zations meet the criteria required for organizational
- standing.
- I therefore grant the application to stay the District
- Court's order pending final disposition of the appeal by
- the Court of Appeals.
-